判決理由書／裁決書撮要(由AI生成)
以下撮要以AI生成及／或翻譯，內容以原來的判決理由書／裁決書為準。
According to the written judgment, on the afternoon of 1 September 2019, during a protest at the Tung Chung swimming pool and the surrounding area of Tat Tung Road, the defendant first used white paint to damage government CCTV cameras; he then climbed a flagpole to remove and burn the flag of the People’s Republic of China; afterwards, he took a silver metal can and poured a flammable liquid onto roadblocks in an attempt to commit arson; finally, at the junction of Mei Tung Street and Tat Tung Road, he poured fuel and set a fire, causing several construction water barriers to burn. The prosecution relied on CCTV footage and public media videos, eyewitness testimony, and the defendant’s own admission of identity and criminal intent during a recorded interview to identify the “man with dyed blonde hair” as the defendant, establishing all four charges.
Under the statutory maximum penalties prescribed by the Criminal Damage Offences, the National Flag and National Emblem Ordinance, and the Arson Offences, and in accordance with the sentencing guidelines, multiple offences may be punished concurrently.
The defendant premeditated the destruction of government facilities and the burning of the national flag and water barriers, seriously endangering public safety and insulting national symbols, and demonstrated no remorse, warranting a severe sentence to deter similar conduct.
The judge held that the defendant’s actions were highly premeditated and his admissions credible; the defence’s ADHD argument was insufficient and failed to undermine the defendant’s clear criminal intent, thus holding him fully accountable.
The defendant was sentenced to a total of five years’ imprisonment for the offences of criminal damage, insulting the national flag, attempted arson, and arson, to be served concurrently under the multiple-offences principle. (Translated from Chinese to English by AI)
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判刑理由書撮要(由AI生成)
以下撮要以AI生成及／或翻譯，內容以原來的判刑理由書為準。
The judgment states that the defendant took part in a protest near Tung Chung Swimming Pool on the afternoon of 1 September 2019. During the demonstration, they damaged a Leisure and Cultural Services Department CCTV camera, insulted the national flag by burning and defacing it, and attempted to set fire to banners and miscellaneous items. They then burned water barriers at the junction of Tat Tung Road and Mei Tung Street. The defendant was subsequently arrested and admitted four charges in court: criminal damage, insulting the national flag, attempted arson and arson.
According to previous cases, the sentencing benchmark for arson and attempted arson is 4 to 6 years, with practical starting points of 4 to 4 years 3 months; for criminal damage and insulting the national flag, the starting points are 3 months and 4 months respectively.
In considering the potential risk posed by the defendant’s actions to public safety and national dignity, arson must carry sufficient deterrent effect; insulting the national flag severely degrades its symbolism; the degree of criminal damage was minor; the defendant is a first-time offender with mitigating factors, but these do not fully offset their culpability; as the offences are interconnected, appropriate starting sentences were determined based on the case circumstances.
The court finds that arson is extremely dangerous with unpredictable consequences; insulting the national flag is egregious, undermining the rule of law and national symbols; the defendant’s ADHD is insufficient as a mitigating factor; imprisonment is the only appropriate and deterrent sentence.
The defendant was sentenced to 3 months’ imprisonment for criminal damage and 5 months for insulting the national flag (to be served consecutively, totalling 6 months); 4 years for attempted arson and 4 years 3 months for arson (to be served concurrently), resulting in an aggregate sentence of 4 years 7 months, and must pay HKD 880 in compensation to Hip Hing Construction Company Limited. (Translated from Chinese to English by AI)
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